Patna High Court

Ram Chandra GuptaversusThe State Of Bihar Through Deputy Superintendent Of Police / S.h.o. Economic Offence Unit, Bihar, P

Decided: 7 April 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The application was dismissed for default due to non‑prosecution.

Summary

Ram Chandra Gupta filed a criminal miscellaneous application before the Patna High Court against the State of Bihar. No counsel appeared on his behalf on two consecutive dates, 12 February 2026 and 7 April 2026. The petitioner apparently chose not to pursue the matter. The court, noting the absence of the petitioner and lack of prosecution, dismissed the application for default. The dismissal was pronounced by Justice Sunil Dutta Mishra.

Issues considered

What is the appropriate consequence when a petitioner fails to appear and does not wish to pursue a criminal miscellaneous application?

Subjects

criminal procedure
default judgment
non‑prosecution
high court
criminal miscellaneous application

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.51168 of 2018
                      Arising Out of PS. Case No.-26 Year-2013 Thana- ECONOMIC OFFENCES, BIHAR
                                                        District- Patna
                   ======================================================
                   Ram Chandra Gupta S/o Late Nathu Prasad Gupta, R/o Vill.- Manshapur,
                   P.S.- Laukahi, District- Madhubani at present posted as Executive Engineer
                   Rural Works Department, Government of Bihar, Patna.

                                                                      ... ... Petitioner/s
                                                     Versus
                   The State Of Bihar Through Deputy Superintendent Of Police / S.h.o.
                   Economic Offence Unit, Bihar, Patna.

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s   :       None
                   For the EOU            :       Mr. V.N.P Sinha, Sr. Advocate.
                                                  Mr. Vijay Anand, Advocate.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

3     07-04-2026                   No one is present on behalf of the petitioner, however,

                     learned counsel for the Economic Offence Unit is present.

                                   2. On the previous date also i.e. on 12.02.2026, no one

                     was present on behalf of the petitioner and the case was

                     adjourned. The matter relates to the year 2018.

                                   3. It appears that the petitioner does not want to

                     pursue the matter, accordingly, the present Cr. Misc. Application

                     stands dismissed for default due to non-prosecution.



                                              (Sunil Dutta Mishra, J)
Ritik/-

U         T

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